In most locales in the developed world Appellate Courts do not disturb rulings of lower Courts, unless a trial judge erred egregiously in a way which prejudiced a defendant’s case tilting the case toward the prosecution. In fact ,Appellate Courts very seldom tamper with the lower courts decisions save to ask the lower court to clarify a particular ruling. Simply put, unless there is new/exculpatory evidence Appellate Courts generally side with the findings of lower courts. Essentially doing no harm. Constant meddling by Appellate Courts bring the competence of lower courts into question, opens up the court to questions of corruption and skewed affiliations and generally erodes confidence in the rule of law. Jamaica is prime example of this she has exceptionally high crime numbers derived from several issues, least of which are poverty, archaic/inadequate laws, and liberal judges who supplant common sense and the laws for their own emotional leanings. I am not a Lawyer so I will leave the legalese to them to argue over. What I will attempt to do is to talk about another particular case in a simple common sense way which everyone may understand
Nothing in my opinion, has caused more harm to our country ,than the liberal Judges most of whom are former Alums of the University of the West Indies. The latter has been a hot-bed of liberal Marxist/Leninist theology from as far back as the 1960’s. It is impossible for anyone to pass through those doors untainted by the corrosive poison of liberal socialist dogma. Many Jamaicans point to poverty and lack of social intervention as reasons for our country’s high incidences of crime. To them I say two words , Vietnam, Indonesia. These are two nations in Asia which had tremendously suppressed wages and low standards of living , yet their crime statistics are much different from ours. The Jamaican Nation is soft on criminal behavior. Jamaican laws encourage criminality. The country’s judges are criminal-coddling elitists Jack-asses. There has been no shortage of out-cry from me in this medium about the criminal enabling Judges which populate the country’s courts. As such I have consistently called for truth in sentencing which essentially removes the ability of judges to circumvent the laws with their liberal socialist agenda of social engineering.
Jamaican trial lawyers opposes mandatory minimum sentencing for certain crimes,which is a good indicator it is a good idea for the rule of law. Of course the pretentious nation and the criminal-loving politicians would never seriously consider putting teeth into the nation’s penal code out of fear they become ensnared by it. So the country saunters along with the old laws , liberal judges and a monumentally high crime rate. A few of the Judges actually do make attempts to show fidelity to the laws , recognizing the national security implications. Conversely some go out of their way to be activist , using the bench to institute their liberal views on the country.
Gilbert Kameka, a 48-year-old assistant commissioner of Police, was shot and killed at a house in Irish Town, St Andrew when he went to visit his then 18-year-old girlfriend, who had previously had a relationship with Adams.The cop was shot by Adams and and robbed of his service revolver. Adams had planned with his ex-girlfriend the day before the murder that “we are going to come up there to get the gun” and she agreed.http://jamaica-gleaner.com/gleaner/20131201/news/news5.html
The court found that although the murder entailed a planned, cold-blooded killing, it could not be regarded as falling within the most extreme or exceptional cases.Justice Hazel Harris, Justice Hillary Phillips and Justice Patrick Brooks held that the judge failed to consider the very important factor as to whether there was any reasonable prospect in reforming the appellant.Reference was made by the court to the fact that Adams was gainfully employed up to the time of his arrest.The social enquiry report had said that members in his community had expressed surprise that he committed the murder and there were excellent reports of his good character.There was also a view Adams had “academic potential”, which the Appeal Court said all weighed favorably in supporting his reformation.
This is the most nauseating summation I have ever heard . If you are able to read, get some people to say they are surprised that you did it , you may go out a kill any cop you want to get his gun or whatever else reason you may have. That is exactly the message the three criminal loving trollops sent in overturning the death penalty of this pre-meditated slaughter of a police officer . As I argued during the conclusion of this trial, it was an insult and an affront to the family of Gilbert Kameka that the woman behind it all was rewarded with 3 year suspended sentence.
A three-year suspended sentence means you spend not one day in prison, despite having agreed to and having helped to orchestrate a pre-meditated murder. It matters not what her contribution was to the prosecution’s case, be it the totality or otherwise, she should have received a 5 year sentence for her complicity and duplicity. With that said, these three mental retards have shown once again what smart police officers have known for decades. These Elitists who populate the bench have no respect for the Jamaican people, they have no respect for the laws and they have no respect for those who enforce them. That my dear friends is a big part of the reason I am writing about this having left the department after only 9 1/2 years service.It is a disgrace and a damn shame that the family of Gilbert Kameka is further traumatized by those who are supposed to protect them. The points in summation by the above three must shame Judges everywhere. These are not judges they are left-wing functionaries.